Bill C-55

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First Reading

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	Controlled Access Military Zones
Designation of controlled access military zone	260.1 (1) Subject to subsection (2), the Minister personally, on the recommendation of the Chief of the Defence Staff, may designate a controlled access military zone in Canada in relation to
	(a) a defence establishment;
	(b) property that is provided for the Canadian Forces or the Department and is situated outside a defence establishment; or
	(c) a vessel, aircraft or other property under the control of a visiting force that is legally in Canada by virtue of the Visiting Forces Act or otherwise.
Limitation	(2) The Minister may designate a controlled access military zone only if it is reasonably necessary for ensuring the safety or security of
	(a) any person in, on or about anything referred to in paragraphs (1)(a) to (c); or
	(b) anything referred to in paragraphs (1)(a) to (c).
Nature of zone	(3) A controlled access military zone may consist of an area of land or water, a portion of airspace, or a structure or part of one, surrounding a thing referred to in subsection (1) or including it, whether the zone designated is fixed or moves with that thing. The zone automatically includes all corresponding airspace above, and water and land below, the earth's surface.
Dimensions	(4) The dimensions of a controlled access military zone may not be greater than is reasonably necessary to ensure the safety or security of any person, thing or property for which the zone is designated.
Effective period of designation	(5) Subject to subsection (6), a designation is valid for the period specified in it, and may be renewed for any period specified in the renewal.
Time limit	(6) A designation or renewal may not be for a period longer than is reasonably necessary for the purpose of subsection (2). No designation or renewal may be for a period longer than one year.
Renewal of designation	(7) Subject to subsection (6), a designation may be renewed
	(a) by the Minister personally, on the recommendation of the Chief of the Defence Staff, if as a result of the renewal the designation would be in effect for one year or less; or
	(b) by the Governor in Council, if as a result of the renewal the designation would be in effect for more than one year.
Variance or cancellation	(8) A designation or renewal may be varied or cancelled at any time by the authority that made the designation or renewal, as the case may be. For greater certainty, the ``authority'', in the case of the Minister, means the Minister personally on the recommendation of the Chief of the Defence Staff.
Statutory Instruments Act not applicable	(9) A designation, renewal, variance or cancellation is not a statutory instrument within the meaning of the Statutory Instruments Act.
Notice	(10) As soon as possible after a designation is made, renewed, varied or cancelled, the Minister shall, by any means that the Minister considers appropriate in the circumstances, give notice of the designation, renewal, variance or cancellation to persons who in the Minister's opinion may be affected by it, unless the Minister is of the opinion that it is inadvisable to do so for reasons of international relations or national defence or security.
Publication in Canada Gazette	(11) The Minister shall publish in the Canada Gazette a notice of a designation, renewal, variance or cancellation within 23 days after the designation, renewal, variance or cancellation is made, unless the Minister is of the opinion that it is inadvisable to do so for reasons of international relations or national defence or security.
Powers	(12) The Canadian Forces may permit, control, restrict or prohibit access to a controlled access military zone.
Unauthorized entry	(13) A person found in a controlled access military zone without authorization, and any animal, vehicle, vessel, aircraft or other thing under the person's control, may be forcibly removed by any authorized person, officer or non-commissioned member.
Bar of action	(14) No action for loss, damage or injury lies by reason only of the designation of a controlled access military zone or the implementation of measures to enforce the designation.
Compensation	(15) Any person who suffers loss, damage or injury by reason of the exercise of any of the powers conferred by this section shall be compensated from the Consolidated Revenue Fund.
	75. (1) Paragraph 273.1(a) of the Act is amended by striking out the word ``or'' at the end of subparagraph (i), by replacing the word ``and'' at the end of subparagraph (ii) with the word ``or'' and by adding the following after subparagraph (ii):
	(iii) any controlled access military zone; and
R.S., c. 31 (1st Supp.), s. 59	(2) The portion of paragraph 273.1(b) of the Act before subparagraph (i) is replaced by the following:
	(b) respecting the access to, exclusion from and safety, security and conduct of persons and the protection of things in, on or about any defence establishment, work for defence or materiel, or controlled access military zone, including, without restricting the generality of the foregoing, regulations
1998, c. 35, s. 85	76. Paragraph 273.2(b) of the Act is replaced by the following:
	(b) the personal or movable property of any person subject to the Code of Service Discipline located in, on or about any defence establishment, work for defence or materiel, or controlled access military zone,
	77. The Act is amended by adding the following after section 273.7:
	PART V.2
	AUTHORIZATIONS
	Computer Systems and Networks
Ministerial authorization	273.8 (1) The Minister may authorize in writing, either individually or by class, any public servant employed in the Department, or any person acting on behalf of the Department or the Canadian Forces who is performing duties relating to the operation, maintenance or protection of computer systems or networks of the Department or the Canadian Forces, to intercept private communications in relation to an activity or class of activities specified in the authorization, if such communications originate from, are directed to or transit through any such computer system or network, in the course of and for the sole purpose of identifying, isolating or preventing any harmful unauthorized use of, any interference with or any damage to those systems or networks or the data that they contain.
Authorization to Chief of Defence Staff	(2) The Minister may authorize in writing the Chief of the Defence Staff to direct, either individually or by class, any officer or non-commissioned member to intercept private communications in relation to an activity or class of activities specified in the authorization, if such communications originate from, are directed to or transit through any computer system or network of the Department or the Canadian Forces, in the course of and for the sole purpose of identifying, isolating or preventing any harmful unauthorized use of, any interference with or any damage to those systems or networks or the data that they contain.
Conditions for authorization	(3) The Minister may issue an authorization under subsection (1) or (2) only if satisfied that
	(a) the interception is necessary to identify, isolate or prevent any harmful unauthorized use of, any interference with or any damage to the systems or networks or the data that they contain;
	(b) the information to be obtained from the interception could not reasonably be obtained by other means;
	(c) the consent of persons whose private communications may be intercepted cannot reasonably be obtained;
	(d) satisfactory measures are in place to ensure that only information that is essential to identify, isolate or prevent any harmful unauthorized use of, any interference with or any damage to the systems or networks or the data that they contain will be used or retained; and
	(e) satisfactory measures are in place to protect the privacy of Canadians in the use or retention of that information.
Conditions in authorization	(4) An authorization issued under this section may contain any conditions that the Minister considers advisable to protect the privacy of Canadians, including additional measures to restrict the use and retention of, the access to, and the form and manner of disclosure of, information contained in the private communications.
Effective period of authorization	(5) An authorization issued under this section is valid for the period specified in it, and may be renewed for any period specified in the renewal. No authorization or renewal may be for a period longer than one year.
Variance or cancellation of authorization	(6) An authorization issued under this section may be varied or cancelled in writing at any time.
Authorization s not statutory instruments	(7) Authorizations issued under this section are not statutory instruments within the meaning of the Statutory Instruments Act.
Protection of persons	(8) Notwithstanding any other law, every person or class of persons that is authorized to give effect to an authorization issued under this section, or any person who assists such a person, is justified in taking any reasonable action necessary to give effect to the authorization.
Crown Liability and Proceedings Act	(9) No action lies under section 18 of the Crown Liability and Proceedings Act in respect of
	(a) the use or disclosure of any communication intercepted under the authority of an authorization issued under this section, if the use or disclosure of the communication is reasonably necessary to identify, isolate or prevent any harmful unauthorized use of, any interference with or any damage to the systems or networks or the data that they contain; or
	(b) the disclosure of the existence of such a communication.
Exclusion of Part VI of Criminal Code	(10) Part VI of the Criminal Code does not apply in relation to an interception of a communication under the authority of an authorization issued under this section or in relation to a communication so intercepted.
Duties of Commissioner	273.9 (1) The Commissioner of the Communications Security Establishment appointed under subsection 273.63(1) has, in relation to the activities referred to in section 273.8, the following duties:
	(a) to review activities carried out under an authorization issued under that section to ensure that they are in compliance with the law, and to report annually to the Minister on the review;
	(b) in response to a complaint, to undertake any investigation that the Commissioner considers necessary; and
	(c) to inform the Minister and, if the Commissioner considers it appropriate, the Attorney General of Canada, of any activity referred to in paragraph (a) that the Commissioner believes may not be in compliance with the law.
Certain provisions apply	(2) For the purposes of subsection (1), subsections 273.63(3) to (6) apply to the Commissioner.
	78. Section 278 of the Act is replaced by the following:
Call out of Canadian Forces	278. On receiving a requisition in writing made by an attorney general under section 277, the Chief of the Defence Staff, or such officer as the Chief of the Defence Staff may designate, shall, subject to such directions as the Minister considers appropriate in the circumstances and in consultation with that attorney general and the attorney general of any other province that may be affected , call out such part of the Canadian Forces as the Chief of the Defence Staff or that officer considers necessary for the purpose of suppressing or preventing any actual riot or disturbance or any riot or disturbance that is considered as likely to occur.
1998, c. 35, s. 89	79. The headings before section 286 of the Act are replaced by the following:
	PART VII
	REINSTATEMENT IN CIVIL EMPLOYMENT
	Interpretation
Definitions	285.01 In this Part, ``employer'' and ``Minister'' have the meaning prescribed in regulations made by the Governor in Council.
	Reinstatement
Employer's duty to reinstate	285.02 (1) If an officer or non-commissioned member of the reserve force is called out on service in respect of an emergency, the officer's or member's employer shall reinstate the officer or member in employment at the expiry of that service.
Nature of reinstatement	(2) The officer or member must be reinstated in a capacity and under terms and conditions of employment no less favourable to the officer or member than those that would have applied if the officer or member had remained in the employer's employment.
Officer or member must apply	(3) An officer or member who wishes to be reinstated must apply to the employer for reinstatement within ninety days after the expiry of the officer's or member's actual service or service deemed extended by virtue of section 285.03.
Exception	(4) The employer's duty to reinstate an officer or member does not apply in the circumstances prescribed in regulations made by the Governor in Council.
Application procedure	(5) The procedure for applying for reinstatement is that prescribed in regulations made by the Governor in Council.
Hospitalizatio n or incapacity	285.03 If, immediately following the officer's or member's service, the officer or member is hospitalized or is physically or mentally incapable of performing the duties of the position to which the officer or member would have been entitled on reinstatement, the period of hospitalization or incapacity, to a maximum prescribed in regulations made by the Governor in Council, is deemed for the purposes of this Part to be part of the period of the officer's or member's service.
Benefits and obligations on reinstatement	285.04 On reinstatement, an officer's or member's benefits, and the employer's obligations, in respect of remuneration, pension, promotion, permanent status, seniority, paid vacation and other employment benefits shall be in accordance with regulations made by the Governor in Council.
Agreements or arrangements	285.05 Any agreement or arrangement between an employer and an officer or member respecting reinstatement continues in force, except to the extent that it is less advantageous to the officer or member than is this Part.
Termination without reasonable cause	285.06 During the one-year period following an officer's or member's reinstatement,
	(a) the employer shall not terminate the officer's or member's employment without reasonable cause; and
	(b) if the employer terminates the officer's or member's employment, the onus, in any prosecution under section 285.08, is on the employer to establish that the employer had reasonable cause.